Talk:Non-disclosure agreement
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I question the sub-bullet point asserting that a confidentiality agreement will be unenforcable if the confidential materials were obtained illegally. That is certainly not the law in any US jurisdiction of which I am aware.--Chrislemens 23:05, 30 October 2006 (UTC)
- I believe it says "typically" rather than "will". Also, it refers to what the parties agree rather than what is required of law. Further, why do you bring up "US" law per se? Poweroid 15:45, 1 November 2006 (UTC)
- I don't think it is typical, either of what is included in non-disclosure agreements or in how a jurisdiction will treat information that is purportedly protected and was acquired illegally. I have never seen such a clause, and I've been doing NDA's at the rate of more than one a week for the last 11 years. I bring up US law, because the bullet point could be a valid observation about practice in some other jurisdiction, so would be beyond my knowledge. That said, I've done NDA's in the UK, South Africa, and Australia -- and never seen such a clause. It makes no sense. Why would the owner of the information want to permit it to be disclosed publicly if the other party acquired possession of it illegally? Am I misreading this somehow?--Chrislemens 02:09, 2 November 2006 (UTC)
- I removed the sub-bullet point asserting that a confidentiality agreement will be unenforcable if the confidential materials were obtained illegally, per the discussion above.--Chrislemens 15:44, 8 December 2006 (UTC)
Also, might it be useful to add some indication of what obligations the recipient undertakes? Typically, they are (1) to use the information only for enumerated purposes, (2) to disclose it only to persons with a need to know the information for those purposes, (3) to use all the efforts (but not less than reasonable efforts) to keep the information secure that the recipient uses to keep its own similar information secure, and (4) to ensure that anyone to whom the information is disclosed further abide by obligations restricting use, restricting disclosure, and requiring security at least as protective as the agreement.--Chrislemens 02:19, 2 November 2006 (UTC)
- I added this description.--Chrislemens 15:44, 8 December 2006 (UTC)
There exist NDAs with a clause stating that the existence of that NDA may not be revealed; I've added this to the article, but the wording is clumsy. Anyone who can re-word should do so. Fire 05:00, 28 April 2007 (UTC)
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[edit] Merge
- Merge. Amazingly, the articles are nearly identical. We should make sure all the appropriate redirects are in place. Mmmbeer 16:15, 28 July 2005 (UTC)
- I have just merged "Confidentiality Agreements" into "Non-disclosure agreement", but... there is a third one: non-capitalicized confidentiality agreement. A second merge is needed... --Edcolins 07:30, July 29, 2005 (UTC)
- There was a third one. At the end of the day, instead of merging the matter from confidentiality agreement (see old version here) into non-disclosure agreement, I have created a redirect. There was a possible copyright violation from "[1]". If anybody wishes to expand the present article with information contained in the old article, but not literally copied/pasted, please feel free to do so. I have added a dozen new redirects to make sure this doesn't not happen again in the future. --Edcolins 08:02, July 29, 2005 (UTC)
- Contributions from User:Ibpassociation [2] and User:64.187.12.2 [3] probably contain other copyright violations. The issue was raised on their respective talk page. --Edcolins 08:02, July 29, 2005 (UTC)
laurent si quelqu'un avait un model de NDA en français ce serai bien de le mettre en ligne —Preceding unsigned comment added by 82.237.141.43 (talk • contribs)
[edit] Lawsuit settlements with NDA's/CFA's
This article does not address the use of NDA's as part of lawsuit settlements. Sometimes when a defendant in a lawsuit decides to settle a case he asks for a NDA so the litigating party will not share such things as the details of the settlement or the fact that the lawsuit was dropped in exchanged for a money. I am not a expert of NDA use in lawsuit settlements so maybe someone more knowledgeable could add something this, including the reasons it may be used by some defendants. --Cab88 15:17, 21 May 2006 (UTC)
[edit] Pro forma
The "pro forma" section is very specific and merely consists in an example without proper context. Does it apply in all countries and legislations? How reliable is it? Where does this example come from? What are the sources? IMHO, it does not fit very well in the article. --Edcolins 11:49, 4 August 2006 (UTC)
I have removed the section for now. Please cite your sources! Thanks. --Edcolins 11:52, 4 August 2006 (UTC)
[edit] Perceived lack of consideration in NDAs
Can we have some discussion as to the perceived lack of consideration in NDAs? A contract requires, offer/acceptance/intention to create legal relations and, consideration. Where is the consideration in NDAs? —Preceding unsigned comment added by 213.122.40.171 (talk • contribs)
The consideration in NDAs are the promises made by the parties. Consideration may be a promise to perform a certain act or a promise to refrain from doing a certain act. Consideration does not have to be monetary.--Boelsner 02:55, 14 September 2007 (UTC)
[edit] NDA Online
Can someobody write the reqiurements for signing online NDAs —Preceding unsigned comment added by 83.27.53.77 (talk • contribs)
